# EUR-Lex - 52013PC0452 - EN

*|*

# 52013PC0452

**Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL adapting to Article 290 of the Treaty on the Functioning of the European Union a number of legal acts in the area of Justice providing for the use of the regulatory procedure with scrutiny /* COM/2013/0452 final - 2013/0220 (COD) */**

			*

			*

EXPLANATORY MEMORANDUM

In parallel with the proposal for a
Regulation of the European Parliament and of the Council adapting to Article
290 TFEU a number of legal acts providing for the use of the regulatory
procedure with scrutiny (RPS) (COM(2013)451), the present
proposal concerns the alignment of five legislative acts in the area of Justice
which still refer to the RPS. Those instruments need to be aligned by a
separate proposal as they were adopted under a legal
basis pursuant to Title V part III of the TFEU and therefore do not bind all
Member States, and are thus irreconcilable with the legal bases of the other
basic acts.

The approach followed in this proposal is the
same as the one followed in the preceding proposal. Accordingly, the present
framework regulation provides that where legal acts listed in the annex provide
for the use of Article 5a of the Comitology Decision, the Commission is
empowered to adopt delegated acts.

Adaptation to the delegated act regime will
not affect pending procedures in which an opinion has already been delivered by
a committee in accordance with the Comitology Decision.

Basic acts which are adapted to the
delegated acts regime are listed in the annex of the proposal.

2013/0220 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

adapting to Article 290 of the Treaty on
the Functioning of the European Union a number of legal acts in the area of
Justice providing for the use of the regulatory procedure with scrutiny

THE EUROPEAN PARLIAMENT AND THE
COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 81(2) thereof,

Having regard to the proposal from the
European Commission,

After transmission of the draft legislative
act to the national Parliaments,

Having regard to the opinion of the
European Economic and Social Committee[1],

Having regard to the opinion of the
Committee of the Regions[2],

Acting in accordance with the ordinary
legislative procedure,

Whereas:

(1)       The
Treaty of Lisbon introduced the possibility for the legislator to delegate
power to the Commission to adopt non-legislative acts of general application to
supplement or amend certain non-essential elements of a legislative act.

(2)       The
measures which can be covered by delegations of powers, as referred to in
Article 290(1) of the Treaty on the Functioning of the European Union (TFEU),
correspond in principle to those covered by the regulatory procedure with
scrutiny established by Article 5a of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers
conferred on the Commission[3].

(3)       It is necessary to adapt
to Article 290 of the TFEU legal
acts already in force which make use of the regulatory procedure with scrutiny.

(4)       This Regulation should not
affect pending procedures in which the committee has already delivered its
opinion in accordance with Article 5a of Decision 1999/468/EC before the entry
into force of this Regulation.

(5)       When the Commission
prepares delegated acts on the basis of the legal acts adapted by this
Regulation, it is of particular importance that it carry out appropriate
consultations, including at expert level. The
Commission, when preparing and drawing up delegated acts, should ensure a simultaneous,
timely and appropriate transmission of relevant documents to the European
Parliament and to the Council.

(6)       The United Kingdom and Ireland are bound by the legal acts referred to in the annex and therefore take
part in the adoption and application of this Regulation.

(7)       In accordance with Articles
1 and 2 of the Protocol No 22 on the position of Denmark annexed to the Treaty
on the Functioning of the European Union, Denmark does not take part in the
adoption of this Regulation, and is not bound by it or subject to its
application,

HAVE ADOPTED THIS REGULATION:

Article 1

Where the legal
acts listed in the Annex to this Regulation provide for the use of the
regulatory procedure with scrutiny referred to in Article 5a(1) to (4) of
Decision 1999/468/EC, the Commission shall be empowered to adopt delegated acts
in accordance with Article 2 of this Regulation.

Article 2

1. The power to
adopt delegated acts is conferred on the Commission subject to the conditions
laid down in this Article.

2. The power to
adopt delegated acts shall be conferred on the Commission for an indeterminate
period of time.

3. The
delegation of power may be revoked at any time by the European Parliament or by
the Council. A decision to revoke shall put an end to the delegation of the
power specified in that decision. It shall take effect the day following the
publication of the decision in the Official Journal of the European Union
or at a later date specified therein. It shall not affect the validity of any
delegated acts already in force.

4. As soon as
it adopts a delegated act, the Commission shall notify it simultaneously to the
European Parliament and to the Council.

5. An adopted
delegated act shall enter into force only if no objection has been expressed
either by the European Parliament or the Council within a period of two months
of notification of that act to the European Parliament and the Council or if,
before the expiry of that period, the European Parliament and the Council have
both informed the Commission that they will not object. That period shall be
extended by two months at the initiative of the European Parliament or of the
Council.

Article 3

This Regulation
shall not affect pending procedures in which a committee has already delivered
its opinion in accordance with Article 5a of the Decision 1999/468/EC.

Article 4

This Regulation shall enter into force on
the twentieth day following that of its publication in the Official Journal
of the European Union.

This Regulation shall be binding
in its entirety and directly applicable in Member States in accordance with the
Treaties.

Done at Brussels,

For the European Parliament                       For
the Council

The President                                                 The
President

ANNEX

Legal acts making reference to the
regulatory procedure with scrutiny referred to in Article 5a of the Decision
1999/468/EC which are adapted to the regime of delegated acts.

1.           Council Regulation (EC)
No. 1206/2001 of 28 May 2001 on cooperation between the courts of the Member
States in the taking of evidence in civil or commercial matters

2.           Regulation (EC) No.
805/2004 of the European Parliament and of the Council of 21 April 2004
creating a European Enforcement Order for uncontested claims

3.           Regulation (EC) No. 1896/2006
of the European Parliament and of the Council of 12 December 2006
creating a European order for payment procedure

4.           Regulation (EC) No.
861/2007 of the European Parliament and of the Council of 11 July 2007
establishing a European Small Claims Procedure

5.           Regulation (EC) No.
1393/2007 of the European Parliament and of the Council of 13 November
2007 on the service in the Member States of judicial and extrajudicial
documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000

[1]               OJ C , , p. .

[2]               OJ C , , p. .

[3]               OJ
L 184, 17.7.1999, p. 23.